< Back

CCS Prevails for Bankruptcy Trustee in 66 Page Order

April 3, 2019

Joe Kingma represented a bankruptcy trustee in an adversary action relating to three bankruptcy estates.  Claims were asserted against the trustee by debtors alleging various forms of failure.  The underling case involved several appeals to the U.S. District Court and had lingered for five years due to the complex bankruptcy issues.

After a year and a half of litigation a motion to dismiss was granted in its entirety.  The case presented complexities, including: issue preclusion, claim preclusion, liability of a bonding company, finality of orders, failure to state a claim under Twombly, absolute immunity, and the statute of limitations.  When the dust settled at the end of 66 pages all claims against the client were dismissed in their entirety.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.